15.20.07.04

.04 Nutrient Management Plan—Plan Development and Implementation Deadlines.

A. An operator shall develop and implement a nutrient management plan for the operator's agricultural operation, according to the following deadlines:

(1) An operator who uses chemical fertilizer in an agricultural operation shall:

(a) Develop a nutrient management plan addressing both nitrogen and phosphorus as the limiting nutrients on that agricultural operation by December 31, 2001, and

(b) Implement the plan by December 31, 2002;

(2) An operator who uses biosolids or animal manure in an agricultural operation shall:

(a) Develop a nutrient management plan addressing nitrogen as the limiting nutrient on that agricultural operation by December 31, 2001, and

(b) Implement the plan by December 31, 2002;

(3) An operator who uses biosolids or animal manure in an agricultural operation shall:

(a) Develop a nutrient management plan addressing both nitrogen and phosphorus as the limiting nutrients on that agricultural operation by July 1, 2004, and

(b) Implement the plan by July 1, 2005; and

(4) An operator who uses a combination of chemical fertilizer, biosolids, and animal manure in an agricultural operation shall comply with the deadlines in §A(2) and (3) of this regulation if that operator uses biosolids or animal manure on a minimum of 10 acres, or 50 percent of an agricultural operation, whichever is less. Phosphorus application rates under this subsection shall follow Cooperative Extension recommendation rates on individual fields where chemical fertilizer is the only nutrient source.

B. An operator who cannot obtain the services of a certified nutrient management consultant to develop a nutrient management plan to meet the deadlines required in §A of this regulation shall be in compliance if:

(1) The operator provides to the Department proof that:

(a) A good faith effort was made to obtain the services of a certified nutrient management consultant at least 60 days before the applicable deadline, and

(b) Circumstances beyond the reasonable control of the operator prevented the plan from being completed by the deadline; and

(2) The operator provides on a Department form a signed statement from a certified nutrient management consultant indicating:

(a) The date and time the consultant was contacted by the operator to request plan development,

(b) That the consultant was unavailable, and

(c) A reasonable time frame needed for the development of a plan.

C. An operator who meets the conditions in §B of this regulation, but who does not complete plan development within 1 year of the deadlines set forth in §A of this regulation, is in violation of §A requirements for plan development and implementation, unless the Department determines noncompliance to be attributed to circumstances beyond the control of that operator.

D. Upon application to the Department on a Department form, an operator may request an exemption from the requirements of this chapter for certain activities, including research, education, and demonstration, if the operator:

(1) Documents the proposed activity and provides this information to the Department prior to its implementation;

(2) Ensures that impacts on water quality are minimized; and

(3) Receives written notice of approval for the activity from the Department prior to the start of the activity.

E. In determining whether a particular application for exemption will be approved, the Department shall consider the following factors:

(1) Whether the activity is temporary and its time frame defined;

(2) Whether a research activity is managed, sponsored, or affiliated with an accredited educational institution or research facility;

(3) Whether the activity's objectives help to advance knowledge about the management of nutrients; and

(4) The area and location of the activity in relation to the operation's overall size and potential impacts on adjacent properties, water quality, and natural resources.

F. If an operator is subject to this chapter only because the operator earns $2,500 or more from the occasional sale of agricultural products as a result of participating in a 4-H or other agricultural youth organization project, the operator is exempt if:

(1) Verification of active participation in the 4-H or agricultural youth organization activity is made available upon request to the Department; and

(2) The activity is conducted so the potential for nutrient loss or runoff is minimized.

G. A nutrient management plan required by this chapter shall include:

(1) All agricultural practices that relate to nutrient use, including, but not limited to, tillage, cropping, pasturage, or production of any agricultural product; and

(2) Identification, management, and disposition of all primary nutrients produced on, or imported to, the agricultural operation, including land application, off-site transportation, composting, or processing.